HB 0980 (Truly Agreed) | Requires DNR to provide a regulatory impact report for certain rulemaking processes and reasons to deny permits |
HCS/HB 980 - This act requires a regulatory impact report of the rules of the hazardous waste, soil and water, petroleum storage tank insurers, land reclamation, safe drinking water, air conservation, and clean water commissions and funds. The provisions of this act do not apply if the Department adopts EPA rules.
The regulatory impact report shall contain a qualitative and quantitative impact report regarding the rule. The impact report shall be published in at least one newspaper and be filed with the Joint Committee on Administrative Rules.
The act also provides that the burden of proof shall be on the boards or commissions promulgating rules to prove that the rule is necessary to prevent the specific circumstance or condition that would cause harm to human health, public welfare, or the environment.
The act requires that the Department of Natural Resources submit all permits to the applicants in ample time for their final review before public comment. If the Department denies the permit, they must state the reasons for the denial. The Department of Natural Resources is not permitted to place any stipulation on any permit which is not otherwise required by law.
In the event of any refund mandated under Article X, Section
18 of the Missouri Constitution from Water and Wastewater Loan
Fund established pursuant to Section 644.122, water pollution fee
pursuant to Section 640.220, Water or Wastewater Revolving Fund
or any fund established by the Office of Administration for the
sole purpose of distributing federal funds, the Office of
Administration shall transfer such funds identified by the
Department of Natural Resources to the State General Revenue Fund
for any refund after August 28, 2004.
HENRY T. HERSCHEL